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    Date: 2023-06-06 18:22:56.093459

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BIR Form 2316 year 2023 from previous employer

Requested from BIR by H. Santos at 06:22 PM on Jun 06, 2023.
Purpose: Information
Date of Coverage: 01/01/2023 - 01/16/2023
Tracking no: #BIR-150386799885

Santos 06:22 PM, Jun 06, 2023 

Hi, I resigned from my previous employer last January 16, 2023 and they already give me my BIR Form 2316 year 2022.

Question:
1. My employer now, looking for my BIR Form 2316 year 2023 from my previous employer. Can my previous employer issue again my Bir form 2316 year 2023 even though i just work January 1 to 16,2023?

Thank you.


June 7, 2023

Dear Ms. Santos:

Greetings!

Thank you for your request dated Jun 06, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for BIR Form 2316 year 2023 from previous employer.

Response to your request

In reply, please be informed that “ALL EMPLOYERS WITH EMPLOYEES, WHETHER OR NOT THEY ARE MINIMUM WAGE EARNERs (MWEs), ARE REQUIRED TO ISSUE BIR FORM NO. 2316. 

BIR FORM NO. 2316 SHOULD BE ISSUE ON OR BEFORE JANAURY 31 FOLLOWING THE CALENDAR YEAR, OR, IF THE EMPLOYEE IS TERMINATED BEFORE THE END OF THE CALENDAR YEAR, ON THE DAY THE LAST SALARY OF THE EMPLOYEE IS PAID”

The duty therefore to provide you a copy of your BIR Form No. 2316 for a taxable year rests upon your employer. Your “ITR” is your personal document and as such your employer must release said document to you as a matter of right. 

Kindly coordinate with your previous employer if you have lost your copy of your BIR Form No. 2316 for Calendar Year 2023. Please be informed, that the Revenue District Office (RDO) gets a hold of the said BIR Form No. 2316 for the Calendar Year 2023 upon submission of your previous employer to them on or before February 28 of the following year (Calendar Year 2024).

Thank you.

Respectfully,

FOI Receiving Officer
Public Information and Education Division

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